“A person who developed pleural plaques as a result of having been negligently exposed to asbestos in the course of his employment, could not sue his employers for negligence because the presence of pleural plaques did not constitute actionable damage. Although pleural plaques indicated the presence in the lungs and pleura of asbestos fibres which could cause other life-threatening diseases such as asbestosis or mesothelioma, the risk of future illness was not actionable, neither was a psychiatric illness caused by the contemplation of that risk, and those three factors could not be aggregated so as to give rise to a cause of action.”
WLR Daily, 17th October 2007
Source: www.lawreports.co.uk
Please note once a case has been fully reported in one of the ICLR series the corresponding WLR Daily summary is removed.
